UK · Year 1 · Public Law
Constitutional Principles
Sovereignty, rule of law and prerogative.
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Show all 6 questions and answers in this book
1.Entick v Carrington (1765) — principle?
The state may only interfere with the individual where there is positive legal authority; a general warrant to search premises was unlawful.
(1765) 19 State Tr 1029
2.R (Miller) v Secretary of State for Exiting the EU [2017] — held?
The Government could not use prerogative powers to give Article 50 notice; an Act of Parliament was required.
[2017] UKSC 5
3.R (Miller) v The Prime Minister; Cherry v Advocate General [2019] — held?
The prorogation of Parliament was justiciable and unlawful because it frustrated Parliament's constitutional functions without reasonable justification; it was void.
[2019] UKSC 41
4.R (Jackson) v Attorney General [2005] — held?
The Parliament Act 1949 and the Hunting Act 2004 passed under it were valid; obiter remarks questioned absolute parliamentary sovereignty.
[2005] UKHL 56
5.Which Act created the UK Supreme Court and when did it begin sitting?
Constitutional Reform Act 2005; the Court began work in October 2009, replacing the Appellate Committee of the House of Lords.
Constitutional Reform Act 2005, Part 3
6.Thoburn v Sunderland City Council [2002] — idea introduced?
"Constitutional statutes" cannot be impliedly repealed; only express words can repeal them. Laws LJ (the "Metric Martyrs" case).
[2002] EWHC 195 (Admin)